HomeMy WebLinkAboutCarcamo 07-02-26
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IN THE MATTER OF THE LABOUR RELATIONS ACT, 1995, S.O. 1995, c. 1,
as am.,
AND IN THE MATTER OF AN ARBITRATION
BETWEEN
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION
and its Local 581
(the "Union")
- and -
THE SCARBOROUGH HOSPITAL
(the "Hospital")
AND IN THE MATTER OF DISCHARGE GRIEVANCE OF SONIA CARAMO
(GRIEVANCE NO.2006-0581-0021)
BEFORE:
Harry Freedman, Sole Arbitrator
APPEARANCES FOR THE UNION:
Ed J. Holmes, Counsel
Patricia Ignagni, President, Local
581
Candice Patterson, Chief Steward
Sonia Caramo, Grievor
APPEARANCES FOR THE HOSPITAL: Rob Weir, Counsel
Wayne Simpson, Manager, Labour
Relations
Germaine Lee, Manager
HEARING CONVENED IN TORONTO ON FEBRUARY 21, 2007
INTERIM AWARD
1. The grievance before me arises from the discharge of
Sonia Caramo, a Part-Time Unit Clerk on Unit 4-D. The
Hospital alleges the grievor had committed a number of
serious errors, and those errrors, when taken together with
her record of discipline and non-disciplinary corrective
measures undertaken to improve the accuracy of the grievor's
work, establish the basis for just cause for her discharge
from employment.
2. The Union seeks production of a number of hospital
records. The Hospital does not oppose the Union's request,
but seeks to have those health records all redacted by
blacking out all personal information contained in any
patient health records being produced so that the records
after being redacted will not disclose the identity of the
patients to whom those records relate.
3. The Hospital advises that the patient records do
contain a unique identification number that does correspond
to each patient. The unique identification number need not
be removed or blacked out on those documents so that the
parties and I will be in a position to know how the records
relate to one another and whether they relate to the same or
different patients.
4. Therefore, on agreement of the parties, the Hospital is
directed to produce to the Union the following documents and
records after they are redacted by removing all personal
information other than the unique identification number:
a) All documents the Hospital intends to rely on in
this arbitration proceedings;
b) All orders for treatment issued by Dr. Devlin on
,
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April 18 and 19, 2006 that are not produced by
reason of item a) above;
c) all records relating to Patient No. G0220261
created on April 18 or 19, 2006 that are not
produced by reason of items a) and b) above; and
d) all patient records relating to any alleged errors
or omissions committed by the grievor in the 18
months prior to her discharge, that are not
produced by reason of items a), b) and c) above.
5. The documents and records produced to the Union
pursuant to this order are confidential and are to be used
only for the purposes of this arbitration proceeding. Those
documents must not be disclosed or provided to any third
party and must not be used or referred to in any other
proceeding. A copy of those documents and records may be
disclosed or provided to the grievor for her review, but the
grievor is bound by the same confidentiality order and must
return all the documents she receives from the Union upon
completing her review of them.
6. The Hospital must provide the documents ordered
produced to counsel for the Union on or before June 1, 2007.
7. The hearing in this. matter will continue on October 3
and October 10, 2007, commencing at 10 a.m. local time.
February 26, 2007
Toronto, ON
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a:r;:.ty Freedman,
Arbitrator